Progressive Halcyon Insurance v. Giacometti

Fahey, J. (dissenting in part).

I respectfully dissent in part. In my view, Supreme Court properly denied that part of the motion of plaintiff, Progressive Halcyon Insurance Company (Progressive), for summary judgment declaring that Progressive is not obligated to defend or indemnify defendant Amy G. Giacometti in the underlying personal injury actions. I therefore would affirm the judgment to the extent that it denied that part of Progressive’s motion.

“In determining a dispute over insurance coverage, we first look to the language of the policy . . . We construe the policy in a way that…